cjsss

• Prosecution


  Determiner of Probable Cause
• Probable Cause


  Existence of such facts and circumstances as would excite a belief in a reasonable mind, acting on the facts within
• The roles of the Prosecution are:
• Prosecution Process


  1. Evaluate the police findings referred to them, or other complaints filed directly with them by individual person (Includes P.I./INQUEST)

  2. File corresponding criminal complaints or information in the proper courts on the basis of their evaluation on the proofs at hand

  3. Prosecute all alleged offenders in court, in the name of the People of the Philippines
• Prosecutor


  Fiscal, one whose principal task is to charge violators of the law with the offenses that they may have committed, to conduct preliminary investigation, to file the necessary information before the court, and to represent the People of the Philippines
• The duty of the Prosecutor is to represent the government, not the offended private individual in a criminal proceeding, based on the principle that acts and omissions punishable by law when committed are always against the public interest and not only against the offended individual.
• All criminal actions must be prosecuted by a Public Prosecutor.
• A Private Prosecutor can prosecute the case, but under the strict supervision of the government/public prosecutor.
• Prosecution Process


  1. Evaluation of complaint

  2. Conduct of Preliminary Investigation
• Complaint


  A sworn written statement charging a person with an offense subscribed by the offended party, any peace officer or other public officer charged of the enforcement of the law violated.
• Preliminary Investigation


  An inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief that a crime cognizable by the RTC has been committed and that the respondent is probably guilty thereof, and should be held for trial.
• Prosecution Service


  • Chief State Prosecutor
  • Regional Prosecutors
  • Provincial Prosecutors
  • City/Municipal Prosecutors
  • Other Prosecutorial offices as may be established by law
• Other Examples of Prosecution Agencies

  • Office of the Solicitor General (State Prosecutor)
  • Office of the Ombudsman
• Possible actions of the Prosecutor after evaluating the complaint

  1. Dismiss the complaint

  2. Move for the filing of information in Court
• Preliminary Investigation


  An inquiry or proceeding to determine if there is sufficient ground to believe a crime cognizable by the RTC has been committed and the respondent is probably guilty, and should be held for trial
• Officers Authorized to Conduct Preliminary Investigation

  • National and Regional State prosecutors
  • Provincial or City Prosecutors
• Information


  An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court
• Affidavit


  A statement of facts under oath
• Subpoena


  A process directed to a person requiring him to attend and testify at a hearing or trial
• Inquest Proceeding


  An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without a warrant, to determine if the person should remain in custody and be charged in court
• Inquest Proceeding is conducted


  For a subject who has been arrested without the benefit of a warrant of arrest
• Inquest Proceeding


  • Informal in nature
  • Purpose is to determine the existence of probable cause for filing of criminal information
• Preliminary Investigation is conducted

  For a subject where the penalty imposed for the crime is at least 4 years, 2 months and 1 day
• Preliminary Investigation


  • Formal
  • Purpose is to determine the validity of the arrest and existence of probable cause for filing of criminal information
  • Must be conducted following the provisions of Art 125 (time limits)
• Complaint


  A sworn statement subscribed by the offended party, any peace officer or public officer in charge of the enforcement of the law violated
• Information


  Need not be sworn, subscribed by the prosecutor, filed with the court
• Sufficiency of complaint or information determines if there is probable cause to hold the suspect/offender for trial
• Bail


  Security given for the temporary release of a person in custody, may be in the form of property bond, cash deposit, corporate surety, or recognizance
• Bail is a matter of right before or after conviction in the MTC, and before conviction in the RTC (except for offenses punishable by death, reclusion perpetua or life imprisonment)
• Court


  An organ of the government belonging to the judicial department, whose function is the application of the laws to controversies and the administration of justice
• Judiciary


  The branch of government vested with judicial power and empowered to interpret, construe and apply the laws
• Judicial Power


  The power to apply the laws to contests or disputes concerning legally recognized rights or duties of the state and private persons, or between individual litigants
• Jurisdiction


  The power and authority of a court to hear, try and decide cases
• Kinds of Jurisdiction


  • General
  • Limited
  • Original
  • Appellate
  • Exclusive
  • Concurrent
• The basic court system in the Philippines is organized into 4 levels: Supreme Court, Court of Appeals, Regional Trial Court, and Metropolitan/Municipal Trial Courts
• Court of Appeals


  • Essentially an appellate court, second highest tribunal, has appellate jurisdiction over cases decided by the Regional Trial Court
• Supreme Court


  • The highest court of the land, court of last resort, exercises appellate jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts, has administrative supervision over all courts, power to discipline lower court judges, power of judicial review
• Court of Tax Appeals


  Has exclusive appellate jurisdiction to review decisions of the Commissioner of Internal Revenue and Commissioner of Customs
• Sandiganbayan


  Tasked to handle criminal cases involving graft, corruption and other offenses committed by high-ranking public officers
• Sharia Courts


  Courts of limited jurisdiction, part of the judicial system, handle cases involving Muslim personal laws